Public Health

Officers investigate these complaints to determine if a statutory nuisance exists. A statutory nuisance is defined as;

"Any premises in such a state as to be prejudicial to health or a nuisance and, in addition, unsatisfactory conditions relating to animals, smoke, fumes, gases, steam, smell and accumulations or deposits which are prejudicial to health."

In other words, it's where the Council is satisfied that the state of affairs are so bad that it warrants the Council taking formal action to rectify the situation.

Where such a nuisance exists, officers have powers to serve notice requiring the nuisance to be abated. Failure to comply with a notice may result in the Council issuing a Fixed Penalty Notice (either to householders or commerce). The Fixed Penalty Notice is not an alternative to dealing with the problem at hand and does not remove the obligation to comply with the notice. In addition, the Council can elect to carry out the work in default (and recover costs), refer the matter to the Procurator Fiscal, or both.

Some examples of complaints investigated are:

Dampness

This can be as a result of condensation, rising dampness, rainwater penetration or even dampness caused by defective plumbing.

Odours

The most common causes of unpleasant smells are drainage defects, causing sewage to gather under house floors or in common areas. Advice and assistance can be given where required.

Drainage

Defective drainage within the boundary of private property can be investigated by the team. All drainage problems which occur in the main sewerage system in the street are the responsibility of Scottish Water.

Leaks

Water ingress into houses can be caused by a variety of drainage, water supply and structural problems. The Public Health team can investigate the cause of the leaks, and, in certain circumstances, enforce remedial action.

Mutual property repairs

As a householder, it may be that an issue you have concerns about is solely your own responsibility, but it may be that, for example in flatted accommodation, there are third parties involved. In such circumstances it remains the owner's responsibility to effect the necessary repairs. Depending upon the situation, it may be the case that the Council will serve notice on the various owners requiring them to deal with a particular problem.

Lead in drinking water

Testing can be undertaken to determine the level of lead in household water supplies. In Scotland, lead does not occur naturally in significant concentrations in our water supplies. The problem arises when drinking water comes into contact with lead supply pipes, lead tanks, lead solder joints on copper pipes, or inferior quality brass fittings and taps, particularly for longer periods (e.g. overnight/ weekends / holidays periods). This can result in high lead levels in the drinking water supply. Information on the health effects of exposure to lead can be found on the NHS Inform website. https://www.nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/lead-poisoning

Insect infestation

In certain circumstances insects emanating from premises may constitute a Statutory Nuisance. Officers can investigate to ascertain if formal action can be taken.

Light nuisance

The Council have powers to deal with light nuisance which can arise from poorly positioned lighting that impacts directly with neighbouring properties. Most commonly for example, a security light shining directly into a neighbouring bedroom. The legislation is not intended to deal with light pollution resulting from "sky glow". Further information can be found in the Environmental Protection UK leaflet on 'Light Pollution" (230KB PDF).